In a recent judicial review, the court clarified the date from which employees in the Ministerial Cadre of the Police Department are entitled to certain benefits. The focus was on the legal analysis of determining the correct date for the benefit’s availability, emphasizing the court’s decision to modify the date to 23 September 1991. This case sheds light on the intricacies of interpreting legal documents and applying them in specific scenarios.
Facts
- Respondents in Civil Appeal Nos. 2824, 2829, 2830, and 2831 of 2015 are absent despite being served.
- The Single Judge of the High Court allowed the writ petition in line with the G.O. dated 7 December 1979.
- The State filed special appeals before the Division Bench, challenging the decision.
- The Division Bench, in the impugned order, ruled that employees working on second Saturdays, Sundays, and Gazetted holidays should also receive the benefit from 7 December 1979.
- The writ petition was allowed by the Division Bench on 23 September 1991, making the allowances applicable from that date.
- The decision in the case of K.K. Misra was upheld by the Court on 7 October 1992.
Also Read: Presumption of Genuine Endorsements in Cheque Case
Analysis
- Date of availability of benefit from G.O. dated 7 December 1979 questioned in the appeals
- Grievance raised only concerning the timing of benefit availability
- Issue limited to determining the date for respondents to access the benefit
- Ministerial staff in the police entitled to same benefits as police personnel, one month extra pay in every financial year.
- Issue in K.K. Misra and Others v. State of U.P. and Others is payment of special work allowance, special pay, fixed house rent allowance, motor subsidy, and one month’s extra pay to ministerial cadre employees in the Intelligence Department at par with equivalent category of Executive Cadre officers/officials in the Intelligence Department.
- The State is aggrieved by the Division Bench’s decision to grant benefits from 7 December 1979 instead of 23 September 1991 as approved by the High Court and this Court.
- The State’s contention is found to be meritorious.
- The benefits should have been given from 23 September 1991 based on the judgments in K.K. Misra and the subsequent approval by this Court.
- The writ petitioners were employees in the Ministerial cadre in the Police Department of the Government of U.P.
Also Read: Medical Negligence and Compensation: A Landmark Decision
Decision
- Partly allowed the appeals.
- The date mentioned in the impugned order is modified to be with effect from 23 September 1991.
- Any pending applications are disposed of.
Also Read: Remand of Writ Petition for Restoration and Decision on Merits
Case Title: STATE OF U.P. Vs. KARUNAKAR KHARE . (2022 INSC 751)
Case Number: C.A. No.-002824-002824 / 2015
